Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carter v Australian Securities & Investments Commission [2019] FCAFC 229 Appeal from: Carter v Australian Securities & Investments Commission [2018] FCA 1064
File number: WAD 352 of 2018
Judges: GREENWOOD, KERR AND BURLEY JJ
Date of judgment: 16 December 2019
Catchwords: CORPORATIONS – whether primary judge erred in finding that a notice of disqualification from managing corporations was validly served on the appellant by ASIC under s 206F(4) of the Corporations Act 2001 (Cth) – whether s 206F required ASIC to serve the appellant directly rather than through an intermediary – application of "effective informal service rule" – appeal dismissed
Legislation: Corporations Act 2001 (Cth) ss 206A, 206F, 459G
Cases cited: Capper v Thorpe [1998] HCA 24; 194 CLR 342 Carter v Australian Securities & Investments Commission [2018] FCA 1064 Howship Holdings Pty Ltd v Leslie (No 2) [1996] NSWSC 314; 41 NSWLR 542 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2019] FCA 257; 369 ALR 192 Woodgate v Garard Pty Ltd [2010] NSWSC 508; 78 ACSR 468
Date of hearing: 28 February 2019
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 27
Counsel for the Appellant: Mr S. Penglis SC
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